Mohsen Nazemi, M.S., P.E., Deputy DirectorBrownfields and Environmental Restoration Program
DTSC Site Mitigation Overview/UpdateDTSC Independent Review Panel Meeting – Part I
CalEPA Building, SacramentoJanuary 11, 2017
DTSC Site Mitigation (Cleanup) Program Overview/Update
• Program Mission/Vision/History• Core Programs/Organizational Structure• Authorities/Types of Cleanup Actions• School Siting Program• Universe of Cleanup Sites• Items for Next Meeting
DTSC Site Mitigation Program’s Mission
“To protect California’s people and environment from harmful effects of toxic substances by restoring contaminated resources”
DTSC Site Mitigation Program’s Vision
Californians enjoy a clean and healthy environment, and as a result of our efforts• Communities are confident that we protect them from toxic
harm • Businesses are confident that we engage them with
consistency and integrity
Site Mitigation Federal Program• 1970s - Concerns for health impacts from uncontrolled
hazardous waste disposal sites • 1980 - Comprehensive Environmental Response,
Compensation, and Liability Act (Federal Superfund Law) passed, gave United States Environmental Protection Agency (U.S. EPA) authority to: – Order responsible parties to clean up sites– Use federal funds at sites with no responsible parties
Site Mitigation State Program• 1981 - California Hazardous Substance Account Act (Health & Safety Code
Division 20 Chapter 6.8)– State authority to order responsible parties to clean up sites– Provide matching state funds for cleaning up National Priorities List
sites• State program established in 1981 to address uncontrolled hazardous
substance release sites • Department of Health Services Toxic Substances Control Division given
responsibility for program• Started in Sacramento headquarters and expanded to other offices in
Northern and Southern California
Site Mitigation Program in 1980s• Hazardous Substances Cleanup Bond passed in 1984 – funding at
$100 million fully expended • State site list grew from 60 to > 400 (1983-1990)• Started with staff < 10 in 1981
– First operated from small office in Sacramento– Managed by Sacramento, Emeryville, Long Beach, and Burbank
offices in 1990
Site Mitigation Program in 1990s
• Department of Toxic Substances Control (DTSC) and California Environmental Protection Agency (Cal/EPA) formed in 1991
• Established Site Mitigation Program in 1993• Office of Military Facilities formed in 1994 • Schools Program established in 1999
Site Mitigation Program in 2000s• Site Mitigation Program Expanded
– Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Loan Program established in 2000. DTSC issued 5 loans totaling more than $3.3 million. The existing statute mandates participation of entities that no longer exist. DTSC cannot issue new loans until statutory changes are made to abolish the obsolete committee.
– California Land Reuse and Revitalization Act (CLRRA) passed in 2004 – Revolving Loan Fund Program funded by U.S. EPA in 2006 – approved over $5
million in 6 loans and over $5.6 million on 22 subgrants since inception• Reorganized into “One Cleanup Program” in 2008
– Incorporated corrective action program and Human & Ecological Risk Office • Cleanup sites grew from 60 in 1983 to >1,600
Site Mitigations/Cleanups/Evaluations
National Priorities List (U.S. EPA Lead) State Response (State Lead Enforcement) Corrective Action/Hazardous Waste Releases
(Hazardous Waste Control Law) Voluntary Cleanup Program (VCA) Schools ProgramMilitary Cleanup Fund-Lead National Priorities List/State Orphan Legacy Landfill
Site Mitigation ProgramCore Functions• Federal Facilities (including Military and Department of Energy
Sites) Cleanups • State Site Cleanups (Responsible Parties & “orphans”)• School Site Evaluations• Legacy Landfills• Exide Closure & Residential CleanupSupport Functions• Engineering & Special Projects Office• Geological Services Unit• Human & Ecological Risk Office• Grants & Program Support Branch
Site Mitigation Program Support• Office of Legal Counsel• Office of Public Participation• Environmental Justice & Tribal Affairs• Communications Office• Office of Planning & Environmental Analysis
Site Remediation Process Summary • Evaluation
– Discovery & verify release and threat– Define contamination extent and risk
• Remedy selection– Evaluate remedy options– Remedy plan, California Environmental Quality Act analysis, and public
review• Implementation
– Designs & monitoring plans– Construction and long-term operation and maintenance (if necessary) – Environmental restrictions (if necessary)
• Emergency and interim actions (if necessary)• DTSC does not make any zoning decisions
Site Mitigation Program Staff Mohsen Nazemi, M.S., P.E. - Deputy Director Bachelor and Master of Science in Chemical Engineering;
Professional Engineer; Certified Hazardous Material Manager Location – Based in Cypress Office Staffing – 331 Positions in 6 offices:
1 Assistant Deputy and 2 Division Chiefs 14 Branch Chiefs 44 Unit Chiefs 272 Environmental Scientists, Hazardous Substances
Engineers, Engineering Geologists, Toxicologists, Administrative Professionals
DTSC Office Locations
Cal Ctr/Sacramento
Headquarters
Berkeley (includes Lab)
Clovis
Cypress
El Centro
Pasadena (LA Lab)
San Diego
Chatsworth
Site Mitigation Program Org Chart
Deputy Director
Assistant DeputyDirector
Exide
Division Chief Division Chief
Corrective Action& Data
Management
ProjectManagement & Field Operations
Human &Ecological Risk Sacramento Berkeley
Grants & ProgramSupport
Engineering &Special Projects Legacy Landfills Cypress
Schools Evaluation& Brownfields
Outreach
San JoaquinSSFL Project
Support Office of Geology Chatsworth
Site Mitigation Program• Ray Leclerc, P.E. - Division Chief, C.E.A.• Bachelor of Science – Geology, Master of Science -
Environmental Engineering; Licensed Civil Engineer• Six Branches
– Dan Ward, Charlie Ridenour, Mark Malinowski, Bill Ryan, and Richard Hume – Sacramento
– Jim Polisini – Chatsworth• Special Projects
– Legislation, financial assurance, corrective action, and financially distressed cleanup sites.
• Staffing: 146 staff in Division
Legacy Landfills Branch
• Richard Hume, P.E. - Branch Chief• Bachelor of Science – Mechanical Engineering Technology; Licensed
Mechanical Engineer • Location - Sacramento Field Office• Organization – Three project management units (three unit chiefs)
and administrative support• Types of Sites – Legacy Landfill (e.g., Stringfellow & BKK-W. Covina),
National Priorities List, state response, military sites• Staffing:
– 12 Hazardous Substances Engineers– 7 Engineering Geologists– 2 Environmental Scientists– 3 Administrative Professionals
Human and Ecological Risk Office• Jim Polisini, Ph.D. - Chief• Bachelor’s degree – Zoology; Ph.D. - Biological Sciences• Location – Sacramento, Berkeley, Chatsworth, and Cypress Field
Offices• Organization - Four human health units and one ecological risk
support unit (five unit chiefs)• Types of Work – Toxicological and risk assessment support• Types of Sites - National Priorities List, military, state response,
corrective action, Voluntary Cleanup Agreement, and orphan sites• Staffing:
– 29 Toxicologists– 1 Health Physicist
Santa Susana and Northern CA Schools Branch
• Mark Malinowski, P.G. - Branch Chief• Bachelor and Master of Science – Geology; • Professional Geologist• Location – Sacramento Field Office• Organization – Two project management units (two unit
chiefs) and administrative support• Types of Sites – Santa Susana Field Lab & Northern California
Schools• Staffing:
– 8 Hazardous Substances Engineers– 6 Engineering Geologists
Sacramento Cleanup Branch • Charlie Ridenour, P.E. - Branch Chief• Bachelor of Science – Chemical Engineering; Licensed Chemical
Engineer• Location - Sacramento Field Office• Organization - Four project management units (four unit chiefs) and
administrative support• Types of Sites - National Priorities List, military, state response,
corrective action, Voluntary Cleanup Agreement, and orphan sites• Staffing:
– 22 Hazardous Substances Engineers– 6 Environmental Scientists– 4 Engineering Geologists– 3 Administrative Professionals
San Joaquin Branch• Bill Ryan, P.E. - Branch Chief• Bachelor of Science – Civil Engineering; Licensed Civil Engineer• Location - Sacramento and Clovis Field Offices• Organization – Two project management units (two unit chiefs) and
administrative support• Types of Sites – San Joaquin Valley National Priorities List, military,
state response, corrective action, Voluntary Cleanup Agreement, and orphan sites
• Staffing: – 6 Environmental Scientists– 6 Engineering Geologists– 5 Hazardous Substances Engineers– 3 Administrative Professionals
Engineering & Special Projects Branch • Dan Ward - Branch Chief• Bachelor of Science - Environmental Toxicology; Master of Science -
Civil/Environmental Engineering• Location – Sacramento and Cypress Field Offices• Organization - One engineering support unit and two hybrid units (three
units with three unit chiefs)• Types of Sites – Engineering support, military coordination, special
projects and project management of several individual sites• Staffing:
– 23 total staff, including 3 Unit Chiefs– 19 Hazardous Substances Engineers (8 staff level consulting engineers)– 2 Engineering Geologists, 1 Environmental Scientist– 1 Administrative Professional
Site Mitigation Program• Dot Lofstrom, P.G. - Division Chief, C.E.A.• Bachelor and Master of Science – Geology; Professional
Geologist• Six Branches (plus one unit of Administrative Professionals)
– Karen Baker, Peter Garcia, and John Scandura – Cypress– Sayareh Amirebrahimi – Chatsworth– Jennifer Black – Sacramento– Janet Naito – Berkeley
• Special Projects– Lean Six Sigma– Strategic Planning
• 180 staff in Division
Chatsworth Cleanup Branch• Sayareh Amirebrahimi - Branch Chief• Bachelor of Science- Biology; Master of Science – Environmental
Engineering• Location - Chatsworth Field Office• Organization – Four project management units (four unit chiefs) and
administrative support– Types of Sites – Southern CA National Priorities List, military, state
response, corrective action, Resource Conservation and RecoveryAct closure, Voluntary Cleanup Agreement, and orphan sites
• Staffing:– 13 Environmental Scientists– 10 Hazardous Substances Engineers– 5 Engineering Geologists– 3 Administrative Professionals
Geology Branch • Karen Baker, P.G. - Branch Chief• Bachelor & Master of Science - Geology; Licensed Professional
Geologist; Certified Hydrogeologist; Certified Engineering Geologist• Location – Sacramento, Berkeley, Chatsworth, & Cypress Field Offices • Organization - Four Geological Support Units (four unit chiefs) and One
Project Manager• Types of Sites – Provide geologic support to Cleanup Program,
Permitting Division, and Enforcement and Emergency Response Division
• Staffing: – 39 Engineering Geologists– 1 Hazardous Substances Engineer– 2 Administrative Professionals
Grants and Program Support Branch• Jennifer Black, J.D. – Branch Chief• Bachelor of Arts – Economics; Doctorate of Jurisprudence – Tax Law
Concentration• Location - Sacramento Field Office• Organization – One administrative branch including two
administrative support units • Types of Work – Grant administration, program budget
administration, legislative, budgetary, and regulatory proposals, legislative reports, run two loan programs (one State-funded and one Federally-funded, other administrative support
• Staffing: – 2 Administrative Unit Supervisors– 9 Administrative Professionals
Southern CA Schools Evaluation & Brownfields Outreach Branch
• Peter Garcia - Branch Chief• Bachelor of Science – Biology• Location - Cypress Field Office• Organization – Three project management units and administrative
support.• Types of Sites – Southern CA Schools, State Response, Corrective
Action, Voluntary Cleanup, brownfields, and orphan sites.• Staffing:
– 3 Unit Supervisors (Supervising Hazardous Substances Engineers)– 11 Hazardous Substances Engineers– 7 Environmental Scientists– 2 Engineering Geologists– 3 Administrative Professionals
Berkeley Cleanup Branch• Janet Naito - Branch Chief• Bachelor of Arts - Environmental Science• Location - Berkeley Field Office• Organization - Four project management units and administrative
support• Types of Sites - Bay Area National Priorities List, military, state
response, corrective action, Voluntary Cleanup Agreement, and orphan sites
• Staffing: – 13 Environmental Scientists– 16 Hazardous Substances Engineers– 3 Engineering Geologists– 4 Administrative Professionals
Cypress Cleanup Branch• John Scandura - Branch Chief• Bachelor of Science – Biological Science; Master of Science –
Environmental Science and Engineering• Location - Cypress Field Office• Organization - Four project management units (four unit chiefs)
and administrative support• Types of Sites – Southern CA National Priorities List, military, state
response, corrective action, Voluntary Cleanup Agreement, and orphan sites
• Staffing: – 15 Environmental Scientists– 9 Hazardous Substances Engineers– 1 Engineering Geologist
Exide Division• Assistant Deputy Director• Location - Sacramento and Field Office in Southern California• Organization – Includes two Branches
– Closure Plan and corrective action for the Exide Facility– Remedial Action Plan for Cleanup of lead contamination in
surrounding residential properties • Staffing:
– Corrective Action and Data Management Branch - 14 staff– Project Management and Field Operations Branch - 25 staff– Support staff - 16 (outside Cleanup program) include Attorneys,
Public Participation Specialists, Environmental Justice staff, and Communications staff.
Exide Division - Project Management and Field Operations Branch
• Tamara Zielinski, P.E. - Branch Chief• Bachelor of Science - Civil Engineering; Licensed Civil
Engineer• Location – Sacramento and Field Office in Southern
California• Staffing: Includes 24 hazardous substances engineers,
environmental scientists, and support staff. Three units including: Project Management, Field Operations, and Contracts Management that include:– 3 Supervising Engineers – 16 Hazardous Substances Engineers – 3 Environmental Scientists– 2 Administrative Professionals
Exide Division - Corrective Action and Data Management Branch
• Suhasini Patel - Branch Chief (Out-of-Office)• Bachelor of Science – Biology; Master of Science – Microbiology• Peter Ruttan, P.G. - Acting Branch Chief• Bachelor of Science – Geology; Professional Geologist• Location – Sacramento Field Office• Organization – Project management units and administrative support (two unit chiefs)• Types of Work – Closure/corrective action, California Environmental Quality Act, and data
management• Staffing includes 14 hazardous substances engineers, engineering geologists, environmental
scientists, and support staff:– 1 Environmental Program Manager – 4 Engineering Geologists– 5 Environmental Scientists – 2 Hazardous Substances Engineer – 2 Administrative Professionals
Site Mitigation Program Authority
Presented by Ray Leclerc, P.E., Division Chief, C.E.A.
Site Mitigation Program Authority• Hazardous Substance Account Act (Health & Safety Code
Division 20 Chapter 6.8)– Require responsible parties to clean up sites– Pursue responsible parties at all sites– State funds for site actions where no responsible party– Compliant with National Contingency Plan (Federal regulation)
• Hazardous Waste Control Law (Health & Safety Code Division 20 Chapter 6.5)– Regulates facilities that treat, store, and dispose of hazardous waste– Corrective action to address hazardous waste releases – Permits for treatment, disposal, > 90 day storage– Requirements for closing permitted units and post closure– Consistent with federal hazardous waste management
requirements
Site Mitigation Authorities (cont.)
• California Land Reuse and Revitalization Act (CLRRA)– Prospective purchasers remediate contaminated properties– Purchasers receive immunities – protection from liability for
existing contamination
• California Education Code Section 17078.54 or Sections 17268 and 17213.1– Requires assessment of school properties for hazardous
substances – Remediation of hazardous substances on school sites
Authority Limits• Sites exempt from Hazardous Substance Account Act
– Contaminants exclusively petroleum hydrocarbons (oilfields, gas stations, and fuel underground storage tank)
– Contamination only from normal application of fertilizers or pesticides
– Nuclear materials regulated by federal law• DTSC does not have authority to make zoning decisions
– We coordinate with local land use authorities to ensure that sites are cleaned to meet current and reasonably foreseeable future land use needs.
Enforcement Mechanisms• State Superfund sites
– Imminent/substantial endangerment determination and order
– Remedial action order or consent agreement• Hazardous waste facilities
– Corrective action order or consent agreement • Federal facilities
– Federal facility agreement (National Priorities List and State Lead sites)
– Memoranda of agreement with DOD and DOE– Administrative Orders on Consent
Other Tools • School sites
– Environmental oversight agreement– School cleanup agreement
• Brownfield sites – CLRRA agreement with prospective purchaser– Voluntary cleanup agreement
• Fence & post order• Land use covenants • Operations & maintenance (O&M) agreement
Cleanup Process
Preliminary Endangerment
Assessment
Remedial Investigation –Feasibility Study
Decision Document
No Risk or Insignificant Risk
Interim Remedy
Risk Assessment & Establish Cleanup Goals
Remedial Action Plan
Removal Action Workplan
Formal Public Comment CEQA
Next Slide
Pub
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Enf
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No Further Action (May require land
use covenant)
Cleanup Process
Pub
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Enf
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tRemedial Design
Implementation
Certification (Restricted)
Certification (Unrestricted)
Land Use Restriction
Operation and Maintenance
Five -year Review
Previous Slide
Cleanup Process StepsProcess Step
Corrective Action Facilities State Superfund Sites
EVALUATIONRCRA Facility Assessment Preliminary Endangerment Assessment
RCRA Facility Investigation Remedial Investigation
REMEDY SELECTION Corrective Measures Study Feasibility Study
Remedy Selection/Statement of Basis
Remedial Action Plan
IMPLEMENTATION
Corrective Measures Implementation
Remedial Action Implementation
Operations & Maintenance Operations & Maintenance
Cleanup Authority DifferencesState Superfund Sites Corrective Action Facilities
Applies to any site with hazardous substance releases regulated under Health and Safety Code Division 20 Chapter 6.8
Applies to any sites with hazardous waste releases regulated under Health & Safety Code Division 20 Chapter 6.5
Evaluate remedies using National Contingency Plan Nine Criteria plus other criteria in Health & Safety Code
Comply with Health and Safety Code and California Code of Regulations Title 22 (Use National Contingency Plan as Guide)
Financial assurance required for remedy long term operation and maintenance of remedy (May be required earlier if necessary)
Financial assurance required for remedy implementation and operation and maintenance (May be required earlier if necessary)
Long term operation and maintenance enforced by DTSC-approved cleanup plan, order, and/or agreement
Long term operation and maintenance enforced by post closure permit , order, and/or agreement
Schools Property Evaluation Program
Presented by Peter Garcia,Branch Chief
Safe SchoolsBackground
• Concern over proper environmental investigation of school properties
• January 1, 2000, Assembly Bill (AB) 387 (Wildman) and Senate Bill (SB) 162 (Escutia) became law
• Education Code amended to require DTSC involvement in school property acquisition process
• Applies only to public schools (K-12) using state funds• Includes naturally occurring hazardous substances
legally applied agricultural pesticides• 146 active sites (includes operation and maintenance
and land use covenant sites)
Evaluating & Cleaning-Up School Sites Three-Step Process
Step 1 - Phase 1 Environmental Site Assessment
Step 2 - Preliminary Environmental Assessment
Step 3 - Response Action
School Program Success Metrics1999 - 2016
Safe School Properties
Student Capacity Created
Classroom Capacity Created
Acres Cleared
√
28,311
1,961
669,669
32,572
Types of Sites Presented by Dot Lofstrom, P.G.,
Division Chief, C.E.A.
Types of Sites• National Priorities List (U.S. EPA Lead)• State Response (State Lead Enforcement) • Corrective Action/Hazardous Waste Releases
(Hazardous Waste Control Law)• Voluntary Cleanup Program (VCA)• Schools Program• Formerly Used Defense Sites• Fund-Lead National Priorities List / State Orphan• Other
Types of Sites - CompositionRP Funded
NPL, 74
State Response, 444
Corrective Action, 191
Voluntary Cleanup, 578
Schools, 146
FUDS, 39
Fund-Lead NPL/Orphan,
107
Miscellaneous, 99
National Priorities List (U.S. EPA Lead)• 98 in California (listed by U.S. EPA)• Federal enforceable order or agreement• Includes military bases, industrial, landfills, mines and
Department of Energy sites• 74 responsible party funded• 2 state responsible party (Stringfellow & Leviathan)• 22 fund-lead (no responsible party)
State Response (State Lead Enforcement)
• 444 sites (includes operation and maintenance and land use covenant sites)
• Enforcement order or agreement• Non-National Priorities List• Includes industrial, commercial, landfills, and
military bases (example – Sacramento Railyard)• Responsible party funded
Corrective Action • 191 facilities (includes operation and maintenance
and land use covenant sites)• Order or consent agreement• Cleanup at permitted or non-permitted hazardous
waste facilities• Includes industrial and commercial property• Owner/operator or other responsible party funded
Voluntary Cleanup Program
• 578 sites (includes operation and maintenance and land use covenant sites)
• Voluntary Cleanup Agreement (VCA)• Includes commercial and developments
– Coordinate new applications with RWQCB
• Proponent funded
Schools Sites
• 146 sites (includes operation and maintenance and land use covenant sites)
• K-12 public schools• State funded new construction/additions• Includes commercial/residential infill, agricultural
property, and naturally occurring hazardous substances
• School district funded
Formerly Used Defense Sites• DTSC is working on 39 Formerly Used Defense Sites.• DTSC and/or the Water Boards have either completed
cleanup, or made a No Further Action determination, on 253 properties.
• About 900 additional properties need evaluation.• Includes: airports; county property; county fair sites;
and federal, state and private properties• Former airfields, training bases, bombing ranges,
artillery emplacements, missile bases, etc.• Department of Defense – limited funding
Fund-Lead National Priorities List/State Orphan
• 107 sites (includes operation and maintenance and land use covenant sites)
• 22 fund-lead National Priorities List
• Includes industrial, commercial, and mines
• State contractors• Time-critical / emergency
removal action
Legacy Landfills
• Stringfellow Acid Pits Superfund Site (Jurupa Valley/Glen Avon)
• BKK Landfill State Response Site (West Covina)• International Technology Landfill Post Closure
(various)
Recent Cleanup Examples
• Porsche (Carson/Southern California)• Bay Street (Emeryville/Bay Area)• Argonaut Mine (Jackson/Northern California)
Redevelopment – Porsche, Carson
Porsche Experience Center (Carson, CA) Overview:• Originally part of BKK Main
Street Dump• Permitted to accept Class II
wastes (liquid and solid)• Landfill closed in 1959• Remedial Action Plan
approved in 2012• Remedy completed 2016
Redevelopment – Porsche, CarsonRedevelopment Facts• Former landfill property
transformed into productive re-use
• Redevelopment investment of more than $35M in site development and improvements
• 290 jobs in the short and long term
• Facility is expected to generate $22M in yearly economic activity
• Overall project costs, including remediation, are estimated at more than $50M
Redevelopment – Bay Street, EmeryvilleOverview• Urban in-fill, mixed-use
development • Retail, housing, entertainment,
cultural & office/hotel uses• Walk to regional retail and
high-density housing• Walk to transit center,
accessible from freeways and a free shuttle
• Hub of community activity, including a farmer’s market, street fairs and charity events
Redevelopment – Bay Street, EmeryvilleRedevelopment Information• Former landfill property
transformed into productive re-use• 1,700 jobs• 674,000 square feet of
retail/restaurant space at Bay Street and IKEA, including 16 movie screens
• 379 residential units, including 95 condominiums and 284 apartment units
• 471 hotel rooms in two hotels• $7 million in total property tax• $2.5 million in sales and business
license tax
Argonaut Mine Interim Action• 100+ year old Dam at
Former Gold Mine• EPA Identified risk of
failure• 2015 – EPA Requested
State Support
Argonaut Mine Interim Action
• 2015 Forecast to be El Niño winter
• DTSC constructed storm water interim action.
Argonaut Mine Interim ActionInterim Action operating as designed
Site Mitigation Items for Next IRP Meeting
• Funding for National Priority List and State Orphan Site Cleanups
• Challenges • Improvements Made• Improvements Planned